J v Minister for Immigration & Multicultural Affairs [2001] FCA 256

FEDERAL COURT OF AUSTRALIA

"J" v Minister for Immigration & Multicultural Affairs [2001] FCA 256 MIGRATION – application for a protection visa – whether a failure to observe procedures required by the Act in connection with the making of the decision - whether a failure to set out findings on material questions of fact – whether misinterpretation of the test for refugee sur place – inadvertent failure to make complete recording of the Tribunal hearing – whether solicitor's notes indicated unrecorded matters – failure to set out material questions of fact regarding a claim made in the unrecorded portion of the hearing about a basis for well-founded fear of persecution

Migration Act 1958 (Cth), ss 5(1), 36, 430, 475(1)(b), 476(1), 481(1) Migration Regulations 1994, Schedule 2, cl 866.221

Minister for Immigration & Multicultural Affairs v Eshetu (1999) 197 CLR 611 referred Minister for Immigration & Multicultural Affairs v Singh (2000) 98 FCR 469 followed Minister for Immigration & Multicultural Affairs v Yusuf (1999) 95 FCR 506 referred Minister for Immigration & Multicultural Affairs v Israelian [1999] FCA 649 referred Minister for Immigration & Multicultural Affairs v Epeabaka (1999) 84 FCR 411 referred Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 referred Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 referred Rahim v Minister for Immigration and Ethnic Affairs (1997) 78 FCR 223 referred Gu v Minister for Immigration & Multicultural Affairs [1999] FCA 991 referred Minister for Immigration & Multicultural Affairs v Israelian [1999] FCA 649 referred Nguyen v Minister for Immigration & Multicultural Affairs (1998) 158 ALR 639 referred Lek v Minister for Immigration, Local Government and Ethnic Affairs (1993) 43 FCR 100 referred "J" v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS VG 574 of 1998 KENNY J MELBOURNE 16 MARCH 2001